Health Care Complaints Commission v Tran [2021] NSWCATOD 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tran [2021] NSWCATOD 82 Hearing dates: 22 – 23 March 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member J Chen, Senior Member J Zwart, Senior Member M Ficarra OAM, General Member Decision: (1) Mr Tran is reprimanded under s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW); (2) The Pharmacy Council of New South Wales (the Council), or Mr Tran subject to the Council's approval, is to nominate a registered experienced practitioner who is not an employee of or associated with Blooms the Chemist, within 14 days of the Tribunal's decision, to act as his professional mentor, for approval by the Council in accordance with the Council's "Compliance Policy – Mentoring" (as varied from time to time); (3) Mr Tran is to be mentored for a minimum period of 12 months or as subsequently determined by the Council, with a particular focus upon the dispensing of Schedule 4B, 4D and 8 medications; (4) Mr Tran is to participate in meetings with the mentor on a monthly basis; (5) Mr Tran is to authorise the mentor to report to the Council on a quarterly basis; (6) Mr Tran is to authorise the mentor to inform the Council immediately if the mentoring relationship ends, or of any significant concerns; (7) Mr Tran is to be responsible for any costs associated with mentoring; (8) Mr Tran is to pay all the Commission's costs of and incidental to these proceedings as agreed or failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH — professional registration and discipline — complaints — pharmacist — unsatisfactory professional conduct — professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Perroux [2011] NSWDC 99 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Quan [2018] NSWCATOD 111 Health Care Complaints Commission v Saedlounia [2013] NSWMT 13 Lee v Health Care Complaints Commission [2012] NSWCA 80 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 NSW Bar Association v Meakes [2006] NSWCA 340 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: Pharmacy Board of Australia, "Guidelines for Proprietor Pharmacists" (September 2015) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Hung Kim Tran (Respondent) Representation: Counsel: A Petrie (Applicant) Dr P Dwyer (Respondent)